Gopalapillai vs Oachira Grama Panchayat
2022 Latest Caselaw 8886 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                   WP(C) NO. 21333 OF 2020
PETITIONER/S:
         GOPALAPILLAI, AGED 67 YEARS
         S/O. KRISHNA PILLAI, RESIDING AT KALEETHARAYIL,
         MEMANA, OACHIRA P.O, KOLLAM 690 526
         BY ADVS.
         K.S.HARIHARAPUTHRAN
         SRI.S.R.PRASANTH
         SMT.BHANU THILAK
RESPONDENT/S:
    1    OACHIRA GRAMA PANCHAYAT
         REPRESENTED BY ITS SECRETARY, OACHIRA P.O,
         KOLLAM 690 526
    2    SPECIAL TAHASILDAR,
         LANH, A-1 UNIT 4, GROUND FLOOR, MINI CIVIL
         STATION, KARUNAGAPPALLY 690 518
    3    REVENUE DIVISIONAL OFFICER,
         KOLLAM , DISTRICT COLLECTORATE, KOLLAM 691 013
    4    AGRICULTURAL OFFICER,
         KRISHIBHAVAN, OACHIRA, KOLLAM 690 526
    5    NATIONAL HIGHWAYS AUTHORITY OF INDIA,
         (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS)
         PROJECT IMPLEMENTATION UNIT, TC 36/414(5),
         KOYIKKAL VEEDU, KAVU LANE, PALKULANGARA,
         THIRUVANANTHAPURAM 695 024 REPRESENTED BY
         PROJECT DIRECTOR, NHA1-PIU-TVM
    6    SPECIAL DEPUTY COLLECTOR AND COMPETENT
         AUTHORITY, LA-NHA1, KOLLAM , DISTRICT
         COLLECTORATE, KOLLAM 691 013
         BY ADVS.
         SRI.B.HARISH KUMAR
         SRI.K.A.SALIL NARAYANAN
OTHER PRESENT:
         SMT.VIDYA KURIAKOSE, GP
     THIS   WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION   ON   07.07.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 21333 of 2020



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No.21333 of 2020
                       =============================================================

                      Dated this the 7th day of July, 2022

                                          JUDGMENT

This writ petition is filed with following prayers:

"i. Issue a writ of mandamus directing the 1 st respondent -Panchayat to sanction building numbers to the 1st and 2nd floor of the building.

ii. Issue such other order or direction, as this Hon'ble Court deem fit and proper." (sic)

2. When this writ petition came up for consideration,

the counsel for the national high way authority and the counsel

for the petitioner submitted that a portion of the building is

already demolished in connection with the acquisition for

national highway- NH 66. The counsel for the petitioner

submitted that the ground floor of the building was constructed

in the year 1998 and the building number is obtained much

earlier. Therefore, the provisions of the Kerala Conservation of

W.P.(C). No. 21333 of 2020

Paddy Land and Wetland Act, 2008 ( for short '2008 Act') is not

applicable. The counsel also submitted that this Court directed

to give provisional number to the 1st and 2nd floor of the building

as per order dated 07.4.2021 and the 1st respondent has not

complied the same stating that only unauthorised building

number will be given.

3. In the light of the fact that a portion of the building

is already demolished for acquisition, the petitioner has to file a

fresh application for numbering the building. It is made clear

that since the construction of the ground floor is of the year

1998, for which there is no dispute, the provisions of 2008 Act

will not applicable to this case. For facilitating the Panchayat to

reconsider the matter Ext.P10 can be set aside.

Therefore, this writ petition is disposed of in the following

manner:

W.P.(C). No. 21333 of 2020

1. Ext.P10 is set aside.

2. The petitioner is free to file a fresh application for numbering the building, within three weeks from the date of receipt of a copy of this judgment.

3. Once such an application is received, the 1st respondent will consider the same and pass appropriate orders in it, in accordance to law, as expeditiously as possible, at any rate, within two months from the date of receipt of the application.

4. All the contentions raised by the petitioner in this writ petition are left open.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 21333 of 2020

APPENDIX OF WP(C) 21333/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 2165/91 DTD 07-11-1991 OF OCHIRA SRO EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT OF THE SAID SHOP ROOMS DTD 30-01-1999 EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT OF THE SAID SHOP ROOMS DTD 30-01-1999 EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT OF THE SAID SHOP ROOMS DTD 30-01-1999 EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT OF THE SAID SHOP ROOMS DTD 30-01-1999 EXHIBIT P3 TRUE COPY OF THE OWNEERSHIP CERTIFICATE DTD 30-01-1999 EXHIBIT P4 TRUE COPY OF THE APPLICATION DTD 21-

02-2020 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPLY DTD 03-03-2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPORT DTD 04-07-2020 OF THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF THE REPORT DTD 22-06-2019 ISSUED BY THE 6TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE APPLICATION DTD 17-

07-2020 EXHIBIT P9 TRUE COPY OF THE CERTIFICATE DTD 18-

01-2020 ISSUED BY THE 4TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE REPLY DTD 12-08-2020 ISSUED BY THE 1ST RESPONDENT.